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Home My WebLink About11-7703 l ILED-O ! i??= ?0F "Tk E 3 R0THCNIOT . , ,. 11 I OCT I I AM 10' 5-" LANE ENTERPRISES, : IN THE COURT OF COMMON PLEAS OF Plaintiff UIMBERLAIiP XRLAND COUNTY, PENNSYLVANIA V9r pEtiNSYI, ACTION - LAW V. : KEYSTONE CONTRACTING, INC., Defendant NO. 11-1-7 03 CIVIL TERM NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the pleadings and Notice are served, filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the pleadings or for any other claim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Wayn . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff 'tµ? a C" o a(06-1.99 LANE ENTERPRISES, INC., Plaintiff V. KEYSTONE CONTRACTING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 11- CIVIL TERM COMPLAINT COUNTI BREACH OF CONTRACT 1. Plaintiff LANE ENTERPRISES, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices at 1244 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant KEYSTONE CONTRACTING, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices at 51 Cove Road, Duncannon, Perry County, Pennsylvania 17020. 3. For more than five years prior to October 14, 2010, Plaintiff and Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 pursued a course of dealing whereby Defendant would place orders by telephone to the offices of Plaintiff in Cumberland County, Pennsylvania, for various items of pipe and s related fixtures for installation by Defendant in Defendant's various construction projects in Pennsylvania. 4. The materials that were ordered by Defendant were manufactured by Plaintiff in Cumberland County, Pennsylvania. 5. Defendant always made payments to Plaintiff at Plaintiff's offices at 3905 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 6. At the request of Defendant, Plaintiff delivered items of pipe and related fixtures to Defendant on October 14, 2010, for the consideration of $24,040.80. 7. All of the materials were installed for a storm water management system in a construction project in which Defendant was a subcontractor for developers for a residential housing subdivision in York County, Pennsylvania, involving more than six residential units. 8. All of the materials were delivered to the construction site in the Commonwealth WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 of Pennsylvania in accordance with the instructions of Defendant. -2- 9. The materials for which Plaintiff submitted an invoice to Defendant on October 15, 2010, were satisfactory in all respects. 10. The date of the invoice was October 10, 2010, and the terms of the invoice was "NET 30 DAYS". 11. Since October 15, 2010, Defendant made payments on the invoice in the total amount of $14,643.62. 12. In spite of repeated demands therefor, Defendant has wholly failed and refused to pay the balance of $9,397.18. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $9,397.18 plus costs and interest from November 15, 2010, the thirty-first day after the date of the invoice plus costs and interest. COUNT II INTEREST, PENALTIES AND ATTORNEY FEES 13. The averments of ¶¶ 1 through 12 above inclusive are incorporated herein by WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 reference as though fully set forth. -3- WHEREFORE, Plaintiff demands judgment against Defendant, under the provisions of the Contractor and Subcontractor Payment Act, 73 Pa.C.S. § 501, et seq., for interest at the rate of one (1%) percent per month or fraction of a month on the unpaid balance from November 22, 2010, plus penalties at the rate of one (I%) percent per month or fraction of a month on the unpaid balance from November 22, 2010, and reasonable attorney fees and expenses. Wayne F. hade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- I, THOMAS C. MICKLE, a sales representative for Plaintiff LANE ENTERPRISES, INC., make this verification on behalf of Plaintiff, being authorized to do so. The statements made in the foregoing Complaint are based upon information which I have given to my counsel and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: October 'To- , 2011 Thomas C. Mickle WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor .-6!1 OC 27 AH 6-- B of r I?t lB E of L ilafl u it ;'lcy, Y"lI11 Lane Enterprises, Inc. vs. Case Number Keystone Contracting, Inc. 2011-7703 SHERIFF'S RETURN OF SERVICE 10/12/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Keystone Contracting, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint and Notice according to law. 10/18/2011 11:15 AM - Perry County Return: And now October 18, 2011 at 1115 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Keystone Contracting, Inc. by making known unto Joyce Frisch, Office Secretary for Keystone Contracting, Inc. at 51 Cove Road, Duncannon, Pennsylvania 17020 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 October 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 'c) Gounty&ite Shentf. Tiele09of't_ Inc. Lane Enterprises, Inc. Versus Keystone Contracting, Inc. IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH No. 2011-7703 Cumberland Co. SHERIFF'S RETURN And now October 18 , 2011 : Served the within name Keystone Contracting Inc the defendant(s) named herin, personally at his place of residence in Penn Twp- 51 Cove Road, Duncannon Perry County, PA, on October 18, 2011 at 11:15 o'clock AM by handing to Joyce Frisch, office secretary 1 true and attested copy(ies) of the within Complaint and made known to her the contents thereof Sworn and subscribed to before me this G'1 day of (J , s COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARGARET F:.1=LICKINGER, lctary Putaiic Bloomfield Boro. Perry C:oun Y M CnmrrjI'sian Ex ices b.16,2012 So answers 7 ZZ00 Deputy Sheriff of Perry County LANE ENTERPRISES, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 11-7703 CIVIL TERM KEYSTONE CONTRACTING, INC., Defendant PRAECIPE TO: DAVID D. BUELL, PROTHONOTARY Please mark the docket in the above matter "Settled and Discontinued". Date: March 13, 2012 /011 A, 4 Wayne. Slade, Esquire Supreme Court I.D. # 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 -, AT Attorney for Plaintiff i )> X C) n ;gy p